Can I sue the City for false arrest and false imprisonment?

Asked 7 months ago - Seattle, WA

My ex brought false DV allegations against me after I asked for a divorce. Her goal was to use the criminal court to win the divorce battle. I was never questioned by the police, not a single physical evidence and the allege abuse took place 10 months before I was arrested. It is beyond reason, how they convinced the Judge to issue the arrest warrant. Unfortunately, the case was dismissed during pre-trial. They said she would not testify but I think it’s also for lack of evidence and to cover-up police misconduct.

Can I sue the city based on allegations of malicious prosecution, and libel and slander?

Along the line of BENDER VS CITY OF SEATTLE... 99 Wn.2d 582, 587, 664 P.2d 492 (1983).

Attorney answers (3)

  1. Rixon Charles Rafter III

    Contributor Level 20

    3

    Lawyers agree

    Answered . Short answer, no.

    Well, the specific answer to your question is that YES you can sue. Anyone can sue. The issue is whether you have an issue for which the law provides a remedy and whether you can win under the laws that exist in your state.

    On your facts, police apparently acting on warrant lawfully issued warrant, acting in good faith, when domestic violence was reported--that is your version of events, almost certainly the police have an even more strident version of events.

    Also, Police enjoy qualified immunity. Judges and prosecutors are protected from liability for malicious prosecution by prosecutorial and judicial immunity. Your municipality also likely enjoys sovereign immunity in suit. That includes liability for libel and slander. Sorry to say, that dog won't hunt.

    I did not read the cite you provided, recommend you consult with a WA attorney to determine if the facts and circumstances in Bender are analogous to your specific situation. Best of luck.

    NOT LEGAL ADVICE. FOR EDUCATION AND INFORMATION ONLY. DO NOT RELY ON ANY ADVICE YOU RECEIVE FROM ME OR ANY OTHER... more
  2. Adrian Martinez Madrone

    Pro

    Contributor Level 14

    Answered . You can sue, but the question is will you win? Cases against a city like this are hard (but not impossible) to win. You will need to consult with an attorney experienced in handling claims like this.

  3. Grigoriy Sarkisyan

    Pro

    Contributor Level 10

    Answered . I read Bender; I have several questions for you. You're welcome to email me at greg@communitylawpllc.com if you wish to discuss your circumstances in relation to Bender.

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